Actus Reus

Actus Reus is the guilty act. 

Types of Actus Reus: 

(1)Conduct crime:The actus reus of a conduct crime is the undertaking of a particular behaviour or action,there is no need to prove that any particular result occurred as a consequence of the conduct. 

Examples:Speeding,making off without payment 

(2)Result crime:The actus reus of a result crime is the causing of a particular criminal result. 

Example:murder,GBH 

(3)State of Affairs crime:The actus reus can be state if affairs for which the defendant is responsible. 

Examples:Possession of drugs 

General principle of Actus Reus: 

1.The voluntary principle: 

The guilty act of the defendant must be carried out voluntarily.If the defendant has not carried out his actions voluntarily,he will not be regarded as having committed the actus reus. 

Involuntary Acts:Where the defendant lacked ant control over their acts,they are said to be in a state of automatism.The act is either: 

1.1:An act done by the muscle without any control of the mind.Example:reflux action. 

Hill v Baxter(1958):The judge in this cases gave examples of when a person would not be regarded as driving voluntarily e.g.if they lost control of a vehicle because of a swarm of bees entered the car,because they were struck on the head whilst driving or suffered a heart attack or epileptic fit at the wheel. 

1.2:An act done by a person not conscious of what they are doing: 

R v Quick (1973):-Insulin was an external factor not caused by diabetes and therefore not involuntary. 

2.The actus reus must be a positive action: 

The actus reus of an offence must be satisfied by an 'act',a positive physical…